LGBTQ+ couples and individuals often build their families through assisted reproductive technology (ART), including donor sperm, donor eggs, reciprocal IVF, and gestational surrogacy. Each path raises legal questions about who is recognized as a parent and what steps should be taken to protect that recognition. Attorney Melissa Torto of the Law Office of Melissa L. Torto, LLC, helps LGBTQ+ intended parents in Boston and throughout Massachusetts address these questions before and after their child is born.
Does Massachusetts Law Protect LGBTQ+ Parents Who Use ART?
Yes. The Massachusetts Parentage Act took effect on January 1, 2025. The law allows a person to establish parentage based on consent to assisted reproduction and the intent to be a parent, regardless of gender, marital status, or genetic connection to the child. This is especially important for couples where only one parent is genetically related to the child. In particular, under the Massachusetts Parentage Act, same sex couples who consent to assisted reproduction (but are not using a gestational surrogate), can obtain a parentage order pre-birth to establish their joint parental rights. This order ensures their joint parental rights at birth.
Are We Both Parents If We Are Married?
Massachusetts presumes that both spouses are the parents of a child born during the marriage. However, other states or countries may not recognize that presumption. Many families choose to obtain a court judgment of parentage, or in some cases an adoption, so a court order supports their parentage. This can be important if you travel, move, or have family ties outside the United States.
What Is Reciprocal IVF?
In reciprocal IVF, one partner provides the egg and the other partner carries the pregnancy. Both partners have a biological connection to the child, but the legal steps still matter. A written agreement and a plan to confirm both parents’ rights can help prevent questions later.
What Should a Donor Agreement Include?
When you use a known donor, such as a friend or family member or an identified donor through an agency, a written agreement is strongly recommended. The agreement can address provisions such as:
- Each party’s intentions regarding parentage
- The donor’s relinquishment of parental rights
- Expectations about future contact
- Confidentiality and privacy protections
- Each party’s obligations if someone withdraws from the arrangement
What Should LGBTQ+ Intended Parents Know About Surrogacy?
Massachusetts recognizes gestational surrogacy agreements that meet certain statutory requirements. For example, the surrogate must be at least 21 years old and have previously given birth, and the parties must complete required evaluations before signing. A court can issue a judgment of parentage before, on, or after the child’s birth.
Legal Steps Before and After Birth
Some legal steps happen before your child is born, such as signing agreements and seeking a pre-birth judgment of parentage when appropriate. Other steps may be needed after birth:
- Confirming the birth certificate
- Obtaining a Social Security number
- Addressing passport or citizenship issues if another country is involved
Families should also update their estate plans. Because the firm does not handle estate planning, Melissa can refer you to an estate planning attorney.
Talk With a Boston ART Lawyer
Every family’s path is different, and the right legal steps depend on how your child is conceived and where your family lives. Call 617-812-9974 or contact Melissa online to schedule a consultation.